-346.091 Documents Incorporated by Reference. (Repealed)

62-346.095 Operation and Maintenance.

(a) Once the activities are completed in full compliance with the terms and conditions of the noticed general permit in Chapter 62-341, F.A.C., the system shall automatically be authorized to be operated for the life of the system by the permittee or by subsequent owners of the system.

(b) The operation phase of mining activities subject to the land reclamation requirements of Chapter 378, F.S., shall be allowed to terminate, without the need to apply for abandonment of the permit, after the mine, or its subunits as applicable, if they:

1. Have been successfully reclaimed in accordance with Chapter 378, F.S., other than lands disturbed by mining operations that are not subject to the requirements of Chapter 378, F.S.;

2. Have met all success requirements of the individual permit issued under Part IV of Chapter 373, F.S.; when the construction phase of the permit includes all phases of construction, abandonment, reclamation, and final success determination over reclaimed lands; and

3. Do not contain components that require long-term operation or maintenance, such as stormwater management systems, conservation easements, state-owned submerged lands authorizations, dams, above-grade impoundments, works, water control structures, erosion and sedimentation controls, or dewatering pits.

In addition, if the mine already is operating under an operation and maintenance phase of an individual permit, such operation and maintenance phase shall be allowed to terminate upon successful completion of all phases of reclamation and receipt of final success determinations by the Department over lands reclaimed in accordance with the rules adopted pursuant to Chapter 378, F.S.

(2)(a) For systems that do not serve an individual, private single-family dwelling unit, duplex, triplex, or quadruplex, within 30 days after completion of construction of a whole system, or independent portion of a system, constructed in conformance with an individual permit issued under this chapter, the permittee shall submit Form 62-346.900(4), “As-Built Certification by a Registered Professional,” November 1, 2010, incorporated by reference herein. Information on how a copy of this form may be obtained is contained in Rule 62-346.900, F.A.C. The certification shall include as-built drawings in the form of the permitted drawings that clearly show any substantial deviations made during construction. The plans must be clearly labeled as “as-built” or “record” drawings. The submittal of the above forms does not require a processing fee, and their review shall not require processing as a permit modification under Rule 62-346.100, F.A.C. If the registered professional has certified that the system has been built substantially in compliance with the plans and specifications in the permit, and that such system is ready for inspection, the permittee shall also submit Form 62-346.900(6), “Request for Conversion of Environmental Resource Individual Permit Construction Phase to Operation and Maintenance Phase,” November 1, 2010, incorporated by reference herein. Information on how a copy of this form may be obtained is contained in Rule 62-346.900, F.A.C. Upon receipt and review of both forms, the Department will determine compliance with the terms and conditions of the permit and notify the permittee whether the conversion to the operation and maintenance phase will become effective. The operation and maintenance phase of an individual permit will not become effective if the Department determines that the activity subject to the permit is not in substantial compliance with all the plans, specifications, terms, and conditions of the permit. In such case, the permittee will be responsible for any necessary permit modifications, alterations, maintenance or repairs to bring the system into such compliance. Any required modification to the permit will be processed in accordance with Rule 62-346.100, F.A.C.

(b) For activities associated with an individual, private single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger plan of development proposed by the applicant, within 30 days after completion of construction of the system, the permittee shall submit a fully executed Form 62-346.900(5), “Construction Completion and Inspection Certification for a System Serving an Individual, Private Single-Family Dwelling Unit,” November 1, 2010, incorporated by reference herein, certifying that the system was constructed in conformance with all the terms, specifications, and conditions of the permit. Information on how a copy of this form may be obtained is contained in Rule 62-346.900, F.A.C. Upon receipt of this form, the construction phase of this permit shall automatically convert to an operation and maintenance phase. However, if at any time the Department determines that such a system was not built in conformance with the terms and conditions of the permit, the permittee shall be subject to enforcement by the Department and for all measures required to bring the system into compliance with the permit. The permittee shall remain liable for compliance with the terms of the permit for the life of the system, unless such permit is transferred in accordance with Rule 62-346.130, F.A.C.

(3) Each phase or independent portion of the permitted system must be approved by the Department for conversion to the operation phase prior to the initiation of the permitted use of: that phase or independent portion of the system; or the site infrastructure located within the area served by that portion or phase of the system. The request for conversion to the operating phase for any phase or independent portion of the permitted system shall occur after construction of the roads, stormwater conveyance systems, treatment and attenuation systems, and for that particular phase or independent portion of the system that has been completed.

(4) The permittee shall remain liable for compliance with the operation and maintenance of the system in accordance with the terms and conditions of the permit for the life of the system, unless such permit is transferred to an acceptable responsible entity in accordance with Rule 62-346.130, F.A.C. Entities who are acceptable to the Department to assume operation and maintenance responsibilities are described in Part V of the Applicant’s Handbook Volume I. Once transfer of the permit with its operation and maintenance responsibilities has been approved by the Department, the transferee shall be liable for compliance with all the terms and conditions of the operation and maintenance phase of the permit for the life of the system.

(5) For those systems that will be operated and maintained by an entity that requires an easement or deed restriction in order to operate and maintain the system in conformance with the permit, such easement or deed restriction, together with any other final operation and maintenance documents required by Part V of Applicant’s Handbook Volume I, must be submitted to the Department for approval prior to conversion to the operation and maintenance phase. Deed restrictions, easements, and other operation and maintenance documents that require recordation with the Clerk of the Circuit Court must be recorded in the county where the project is located prior to any lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems that are to be operated and maintained by county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system.

(6) The operation and maintenance entity of a surface water management system, except those serving an individual, private single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger plan of common development, shall provide for the inspection of the system at least once every third year after conversion of a permit to the operation phase, unless otherwise specified in the permit. Systems that include vegetated natural buffers and all systems located in karst sensitive areas shall be inspected at least annually. A report describing the results of the inspection and certifying that the system is operating as designed and permitted must be filed with the Department within 30 days after the third-year inspection, including those systems using a vegetated natural buffer or located in a karst sensitive area. A report shall also be submitted within 30 days of a system failure or deviation from the permit. The results of all such inspections shall be filed with the Department using Form 62-346.900(8), “Operation and Maintenance Inspection Certification,” incorporated by reference herein. The permittee of all other surface water management systems shall be subject, through special permit conditions, to routine inspecting and reporting on the permitted system when such monitoring and reporting is needed to ensure that the construction and operation of the system will not cause harm to public health, safety, or welfare, or harm to water resources.

(7) The operation and maintenance entity of a regional stormwater management facility must notify the Department on an annual basis, using Form 62-346.900(9), “Regional Stormwater Management System Annual Report,” incorporated by reference herein, of all new systems and their associated stormwater volumes that have been allowed to discharge stormwater into the regional facility, and certifying that the maximum allowable treatment volume of stormwater authorized to be accepted by the regional stormwater management facility has not been exceeded.

(8) For activities that are the responsibility of the NWFWMD, all required forms identified in this rule can be submitted to the NWFWMD through their Internet site. If the applicant does not utilize the electronic form, paper copies shall be submitted by mail or other delivery service to the appropriate office of the NWFWMD.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.416, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.4141, 373.4145, 373.416 FS. History–New 10-1-07, Amended 11-1-10.